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Administrative Rules of Shenzhen Special Economic Zone on Social Groups

Administrative Rules of Shenzhen Special Economic Zone on Social Groups

 

(Promulgated by Decree No.69 of the Shenzhen Municipal People' s Government on January 22, 1998)

 

Chapter General Provisions

 

Article 1 In order to strengthen the administration of social groups in Shenzhen Special Economic Zone (hereinafter referred to as Special Zone), safeguard their lawful rights and interests, exert their positive functions and promote the development of society and economy of Special Zone, these rules are formulated in accordance with relevant laws and regulations as well as the actual circumstances of Special Zone.

Article 2 These rules shall be applicable to the establishing, changing or canceling registration of the social groups in Special Zone as well as the administration and supervision to them.

Article 3 "Social group" in these rules refers to the nonprofit social organization that is incorporated for certain aim and purpose by the citizens, legal persons or other organizations voluntarily according to these rules.

Article 4 The social group' s activities shall be abided by relevant laws and regulations.

Article 5 The civil affairs department of the People' s Government of Shenzhen Municipality is the competent administrative department for social groups (hereinafter referred to as the municipal administrative department for social groups), which shall undertake the duty of registration, administration and supervision to social group according to law.

The civil affairs department of the each district people' s government (hereinafter referred to as the district administrative department for social groups) shall undertake the duty of registration, administration and supervision to the social group in its district under the leadership of the municipal administrative department for social groups.

Other competent departments for the administrative affairs (hereinafter referred to as the competent departments for the affairs of social groups) shall direct and supervise the social group within the scope of their administrative duties according to law.

Article 6 The administrative department for social groups shall perform the following powers and functions according to law:

(1) to be in charge of the registration and daily administration to social group;

(2) to supervise the social groups to conduct activities according to relevant laws, regulations and the social group' s constitution;

(3) to investigate the acts violating the provisions on the administration to social group;

(4) other powers and functions provided by laws and regulations.

Article 7 The competent department for the affairs of social groups shall perform the following powers and functions according to law:

(1) to examine the establishing, changing or canceling registration of the social group within its jurisdiction and put forward opinions;

(2) to direct and supervise the activities of the social group within its jurisdiction;

(3) to assist the administrative department for social groups to investigate and deal with the malfeasances of the social group within its jurisdiction;

(4) other powers and functions provided by laws and regulations.

Article 8 The establishing registration of a municipal or transdistrict social group shall be approved by the municipal administrative department for social groups; The registration of other social groups shall be approved by the district administrative department for social groups where the social group is to be located.

 

Chapter The Establishing, Changing and Canceling Registration

 of Social groups

 

 

 

 

 

 

Article 9 The following requirements shall be satisfied for application of establishing a social group:

(1) having its own constitution, which shall explicitly set forth its name, aim, task and institutional framework, the principal' s generating procedures, functions and powers, source of funds, procedures of amending and terminating the constitution, and other necessary matters;

(2) having the approval documents issued by the competent department for the affairs of social groups after examination;

(3) having more than 50 individuals or 30 units as promotor. The unit as promoter shall have been registered or established in Shenzhen Municipality according to law; the individual as promoter shall have the registered permanent residence in Shenzhen Municipality;

(4) having an institutional framework suitable for its function;

(5) having the lawful sources of funds that can guarantee the activities carried out according to its constitution;

(6) other requirements provided by the State.

Article 10 The application of establishing a social group shall be rejected under one of the following circumstances:

(1) The aim violates the Constitution of the State, laws, administrative regulations or social public interests;

(2) The social group is applied for registration again within 5 years from the date on which the original one was cancelled according to law;;

(3) The name is same with a social organization that has already been registered;

(4) The promotor is incapable or has limited disposing capacity.

Article 11 When applying for establishing a social group, the applicant shall submit corresponding documents, materials and certificates to the administrative department for social groups.

Article 12 After accepting the application, the administrative department for social groups shall examine the authenticity, legality and validity of the application documents, materials and certificates and whether they satisfy the requirements for establishment.

Article 13 The administrative department for social groups shall make a decision on approving registration or not, and inform the party in writing, within 30 days from the date on which the application is accepted.

Article 14 The promoters shall prepare and convene the conference of members or the conference of members' representatives to adopt the social group' s constitution and elect the leading organ within 180 days after receiving the notification of approving the registration.

The promoter shall receive the registration certificate of social group from the administrative department for social group with relevant materials of the conference within 10 days from the date on which the conference of members or the conference of members' representatives was closed.

Article 15 The date on which the registration certificate of a social group is issued is the date when the social group is established.

The administrative department for social groups shall announce it in the newspapers or periodicals, after the registration of a social group registered as legal person is approved.

Article 16 The social group shall engrave seal, open bank account, make and issue membership card according to relevant provisions, with the registration certificate and certification issued by the administrative department for social groups.

The social group shall send the patterns of the seal, bank account and membership card to the administrative department for social groups to put on record.

Article 17 The registration certificate of a social group shall not be altered, transferred or lent. If the registration certificate of a social group is missing, the social group shall state it invalid in the newspaper in time and apply to the original registration organ for reissuance; If the registration certificate of social group is destroyed, the social group shall apply to the original registration organ for recertification in time.

Article 18 The social group shall conduct changing registration under one of the following circumstances:

(1) changing its name;

(2) making major amendment to the constitution;

(3) changing the legal representative or principal;

(4) changing the office place or liaison place.

Article 19 When applying for changing registration, social group shall submit corresponding documents, materials and certifications to the administrative department for social groups. The administrative department for social group shall make the decision on approval of changing registration or not, and inform the social group within 15 days from the date on which it receives the application for changing registration.

If the social group is approved to change the items listed in the first or third subparagraph of Article 9, the administrative department for social groups shall make announcement in the newspapers or periodicals.

Article 20 The social group shall apply for canceling registration under one of the following circumstances:

(1) It is dismissed voluntarily;

(2) The aim or tasks provided in the constitution has been completed;

(3) It no longer exists continuously for having incorporated with other social group or having been detached;

(4) It shall apply for canceling registration under other circumstances.

If the social group fails to apply for canceling registration listed in the preceding paragraph, the administrative department for social groups may directly cancel it.

Article 21 When conducting canceling registration, the social group shall submit written application for canceling registration, relevant certifications of the settlement of creditor' s rights and debts and other corresponding documents, materials and certifications to the original registration organ.

Article 22 The administrative department for social groups shall investigate and verify the application for canceling registration filed according to law after receiving it. In respect of the application satisfying the requirements, the administrative department for social groups shall conduct canceling registration, take back the registration certificate and the seal of the canceled social group, and make an announcement.

In respect of the social group that is directly canceled, the administrative department of social group shall take back its registration certificate and seal, and make an announcement when conducting canceling registration.

 

Chapter Rights and Obligations of a Social group

 

Article 23 The social group shall enjoy the following rights according to law:

(1) participating in the administration to social affairs;

(2) proposing advisory opinions and suggestions to any government organization;

(3) enjoying the right of name, right of honor and right of property;

(4) independently carrying out activities and managing internal affairs according to its constitution, exempted from any illegally interference of any unit or individual;

(5) acquiring lawful income;

(6) other rights provided in laws and regulations.

Article 24 The social group shall bear the following obligations:

(1) observing the Constitution and laws and defending state sovereignty and national unity;

(2) developing social public welfare undertaking, maintaining social stability, and promoting the construction of the socialist material civilization and spiritual civilization;

(3) organizing members' activity at least once a year;

(4) other obligations provided in laws and regulations.

Article 25 The social group registered as legal person (except the foundation) may invest to establish the enterprise registered as legal person, and may also establish the operating institution registered as non-legal person.

Article 26 The after-tax profit of the operating institution registered as non-legal person that affiliated to a social group registered as legal person shall be overall returned to the social group; The profit of the limited liability company and the joint-stock limited company, which a social group registered as legal person invests to establish, shall be distributed according to relevant provisions of the Company Law of the People' s Republic of China; The enterprise registered as legal person, which a social group registered as legal person invests to establish with sole investment, shall explicitly record in its constitution that its aim is to serve the development of social group' s cause. The current year' s after-tax profit returned to the social group shall accord with relevant provisions of the State and shall be explicated in the agreement concluded by both parties.

Article 27 The social group registered as legal person shall strengthen the administration and supervision to the finance of the enterprise registered as legal person and operating institution registered as non-legal person that it invests to establish, and urge them to set up and improve the financial and accounting systems.

When a social group applies for cancellation or is canceled according to law, the operating institution invested and set up by it shall be liquidated according to the provisions of relevant laws and regulations.

Article 28 The industrial social group may accept the delegation of government department to take partial functions of industrial administration, draw up the plan of industrial development, enact the guild regulations and terms and provide services to enterprise.

Article 29 The academic social group shall positively carry out academic research, promote the development of science and technology, and make effort to transform the result of scientific research into productivity.

Article 30 The social group shall strengthen self-construction and perform the following functions and duties:

(1) setting up and improving institutional framework;

(2) democratically determining major affairs;

(3) setting up the systems of financial control, seal management, personnel administration, internal supervision and so on.

Article 31 When holding major conference or activity of any kind, social group shall separately report to the administrative department for social groups and the competent department for the affairs of social group.

Article 32 The social group shall not commit any act as followings:

(1) forcing citizen or unit to enroll in it or restraining their freedom to withdraw from it;

(2) imposing punishment to the member' s property or person;

(3) imposing apportionment to enterprise or other organizations;

(4) other acts irrelevant to the aim of social group.

 

Chapter Administration and Supervision to Social group

 

Article 33 The administrative department for social groups shall supervise social groups to observe the Constitution, laws and regulations, and to undertake activities according to the constitution.

Article 34 The administrative department for social group shall execute the annual examination to social groups. The social group shall submit the following documents and materials to the administrative department for social groups in the prescribed time limit for annual examination:

(1) the work summary of last year and the work plan of this year;

(2 ) the duplicate of the registration certificate of social group;

(3) the changes of directors, members and institutional framework;

(4) the financial revenue and expenditure position, and the certification of deposit and asset.

When accepting annual examination, the social group registered as legal person shall also submit the annual audit report produced by auditing organization or social auditing body.

Article 35 In respect of the social group that is annually examined to be qualified, the administrative department for social groups shall stamp the seal of "annually examined qualified" on the duplicate of social group' s registration certificate. In respect of the social group that is annually examined to be unqualified, the administrative department for social group shall order it to rectify within a prescribed time limit.

Article 36 No unit or individual may carry out activities in the name of social group without approval and registration.

Article 37 The administrative department for social groups may inspect the activities of social group, examine the accounting book and relevant materials of a social group, and require the social group and its principal to provide relevant information and materials, but shall not intervene in the activities carried out by it according to law.

Article 38 The administrative department for social groups may periodically organize the exchanges of social group' s managerial experiences and the experiences of activities, recommend advanced social groups, develop training to the working staff of social groups, and provide  policy counsel and services to the full-time working staff of social groups.

Article 39 If the administrative department for social groups is impeded by a social group when performing official business, it may apply for assistance to the public security organization, the department of industry and commerce, and other departments.

 

Chapter Legal Responsibilities

 

Article 40 Any social group, which commits any one of the following malfeasances, shall be warned and be imposed a fine of 500 yuan to 2,000 yuan according to the circumstances:

(1) failing to participate in annual examination on schedule or making false report in annual examination;

(2) failing to conduct necessary changing registration in time;

(3) failing to clear the necessary formalities of putting on record in time;

(4) failing to undertake any activity of social group within one year.

Article 41 Any social group, which commits any one of the following malfeasances, shall be ordered to stop the activity and may be imposed a fine of 200 yuan to 5,000 yuan by the administrative department for social groups:

(1) violating these rules to undertake business operations, while no adverse social influence is caused;

(2) altering, transferring, leasing or lending the registration certificate of social group, while no unfavorable consequence is caused;

(3) violating the aim of social group or carrying out activities beyond business scope.

The punishment period of stopping activities is half a year. During the punishment period, the administrative department for social groups shall order it to make internal corrections.

Article 42 Any social group, which commits any one of the following malfeasances, shall be canceled registration and be confiscated the illegal gains, if any:

(1) concealing truth and playing tricks to obtain registration certificate;

(2) failing to participate in annual examination for 2 successive years;

(3) failing to carry out activities for 2 successive years;

(4) altering, transferring, leasing or lending the registration certificate of social group, while no serious adverse consequence is caused;

(5) violating these rules to undertake illegal operating activities for profit;

(6) undertaking the activities that damage national and social interests.

Article 43 The social group registered as legal person shall bear the fine by itself..

Article 44 Any organization that arbitrarily carries out activities in the name of social group without registration shall be regarded as illegal organization, and be ordered to be dismissed by the administrative department for social group. If its activity violates the Regulations of the People' s Republic of China on Punishments in Public Order and Security Administration, it shall be dealt with by the public security organization; If its activity constitutes a crime, it shall be prosecuted for criminal responsibilities according to law.

Article 45 In respect of the social group that has been cancelled registration, the administrative department for social groups shall take over it all seals, registration certificate and its duplicate, liquidate its assets and deal with them according to law together with relevant departments.

Article 46 When investigating and dealing with social group' s malfeasance, the administrative department for social groups shall find out facts, deal with it according to law and serve the written decision of punishment on the social group or its legal representative or principal within 10 days from the date on which the punishment decision is made.

Article 47 In respect of the social group that has been cancelled registration, the administrative department for social groups shall announce it in the newspapers or periodicals.

Article 48 Any applicant, who/that applies for setting up a social group, and is not satisfied with the decision of not granting registration made by the administrative department for social groups, may apply for administrative review to the superior administrative department for social groups or the municipal or district people' s government within 15 days from the date on which it receives the written reply.

Article 49 Any social group, which is not satisfied with the punishment decision made by the municipal or district administrative department for social groups, may apply for administrative review to the superior administrative department for social groups or the municipal or district people' s government within 15 days from the date on which it receives the written punishment decision. If it is not satisfied with the review decision yet, it may file a lawsuit to the people' s court within 15 days from the date on which it receives the written decision of review. If it neither files a lawsuit within the time limit nor performs the punishment decision, the administrative department for social groups shall apply to the people' s court for coercive execution.

Article 50 If a staff member of the administrative department for social groups neglects his duties or abuses his powers, while serious damage to the lawful rights and interests of any social group is caused, he shall be investigated for administrative responsibilities by relevant departments; If his act constitutes a crime, he shall be prosecuted for criminal responsibilities according to law.

 

Chapter Supplementary Provision

 

    Article 51 These rules shall go into effect as of its promulgation.


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